These Terms of Use have been updated. Click here for a note regarding these changes.

What is this document?

This Terms of Use (or "TOU") is an agreement between you and BlackHealthOnline, Inc. ("BlackHealthOnline"). There are rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you ask questions and when you view or input content on or into the Apps. The BlackHealthOnline Privacy Statement is officially part of these TOU even though it's a separate document. Additional terms govern your use of BlackHealthOnline Prime and BlackHealthOnline Concierge.

Why should I read it?

When you sign up for BlackHealthOnline you verify that you've read and agree to our Terms of Use when using the Apps.

Definitions

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

• BlackHealthOnline" or the "Apps" means https://www.blackhealthonline.com and related web sites and BlackHealthOnline's mobile applications, including BlackHealthOnline, BlackHealthOnline for Doctors, Talk to Docs (other terms apply), BlackHealthOnline Prime (other terms apply), BlackHealthOnline Concierge (other terms apply) and any other Apps we release.
• "Company," "we," "us," or "our" means BlackHealthOnline Inc., a Delaware corporation, and any other companies that are subsidiaries and affiliates of BlackHealthOnline Inc. and professional corporations to which BlackHealthOnline provides administrative services, including, without limitation, BlackHealthOnline Medical Group, P.C., a California professional corporation, BlackHealthOnline Medical Group, P.C., a Colorado professional corporation, BlackHealthOnline Medical Group, P.C., a Massachusetts professional corporation, BlackHealthOnline Medical Group, P.C., a Michigan professional service corporation, and BlackHealthOnline Medical Group, P.C., a New Jersey professional service corporation. When used in the context of the company name, "BlackHealthOnline" may also refer to BlackHealthOnline Inc.
• "Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Medical Experts.
• "Services"means services provided through the Apps.
• "Premium Services" means paid services provided through the Apps (such as Concierge and Prime).
• "Medical Expert"means an individual accepted to participate in the BlackHealthOnline Medical Expert Community and who participates on the Apps or interacts with others on orthrough the Apps, or other specialists or professionals who participate on BlackHealthOnline in their capacity as experts.

Introduction

BlackHealthOnline and BlackHealthOnline Premium Services
BlackHealthOnline and BlackHealthOnline Premium Services (Prime and Concierge) connect you with leading doctors, trusted health information, answers, and tips, and even virtual consultations, all designed to help you feel good and live a happier, healthier life. BlackHealthOnline and BlackHealthOnline Premium Services are different services available through the same Apps, and additional terms of use apply to BlackHealthOnline Premium Services.

BlackHealthOnline is not for medical care
On BlackHealthOnline no formal medical diagnosis, treatment, or prescriptions are allowed. ALL INFORMATION PROVIDED ON BlackHealthOnline OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY BlackHealthOnline, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH BlackHealthOnline MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; BlackHealthOnline IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY BlackHealthOnline OR ANY BlackHealthOnline MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.

BlackHealthOnline Prime and Concierge may be used for limited medical care (as appropriate)
On BlackHealthOnline Prime and Concierge, as available and appropriate for virtual consults, diagnosis and prescriptions are available. BlackHealthOnline Prime and Concierge are not a substitute for: health insurance, a primary care doctor, or in-person health care interactions. You agree not to use BlackHealthOnline Prime as a substitute for health insurance or a primary care doctor or in- person doctor visits. You understand and agree that prescriptions on BlackHealthOnline prime are limited in type and duration, and you agree not to use BlackHealthOnline Prime to request prescriptions for any medications or for any duration not permitted via BlackHealthOnline Prime.

These Terms of Use are an Agreement
Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific features or parts of our Apps. If there is a conflict between these TOU and terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. These Terms of Use require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute.

We May Update this Agreement
These Terms of Use may change. Because your use of BlackHealthOnline means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of BlackHealthOnline will mean that you accept those changes. You choose whether or not you use BlackHealthOnline. If you do not agree to all of these Terms of Use, please do not use BlackHealthOnline.

What We Do and What We Don't Do (BlackHealthOnline)

We Do Support Your Health Decisions (BlackHealthOnline)
BlackHealthOnline is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. BlackHealthOnline cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with doctors for care via BlackHealthOnline Prime or BlackHealthOnline Concierge or for in-person care.

We Don't Practice Medicine (BlackHealthOnline)
On BlackHealthOnline Prime you can obtain care (if you are located in a state where this service is available). This TOU applies to BlackHealthOnline. Additional terms apply to BlackHealthOnline Prime, where care is available.

We Do Provide Access to Doctors for Care (BlackHealthOnline Prime and Concierge)
On BlackHealthOnline Prime and Concierge you can obtain care (if you are located in a state where such service is available). This TOU applies to BlackHealthOnline. Additional terms apply to BlackHealthOnline Prime and BlackHealthOnline Concierge.

We Don't Create Doctor-Patient Relationships (BlackHealthOnline) The use of BlackHealthOnline does not create a doctor-patient relationship. BlackHealthOnline contains Content, and may help you identify services or may offer services. Everything on BlackHealthOnline, including Content accessed or Services provided through BlackHealthOnline, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

We Do Support Doctor-Patient Relationships (BlackHealthOnline Prime and Concierge)
BlackHealthOnline Prime and BlackHealthOnline Concierge support doctor-patient relationships. BlackHealthOnline Concierge may be used where an ongoing doctor-patient relationship exists, and a temporary doctor-patient relationship is created by the use of BlackHealthOnline Prime.

We Aren't Your Doctor (BlackHealthOnline)
Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on BlackHealthOnline, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States. Medical Experts on BlackHealthOnline are not "your" doctor, physician, or healthcare provider. When you participate in a Virtual Consult on BlackHealthOnline Prime, you understand and agree that Medical Experts on BlackHealthOnline Prime are not your Primary Care Physician and you agree not to use BlackHealthOnline Prime as a substitute for interactions with your Primary Care Physician. Where available to you, you may use BlackHealthOnline Concierge for Virtual Consults with your existing doctor(s).

We Don't Provide Personal Diagnosis, Treatment or Prescriptions (BlackHealthOnline)
Interactions on BlackHealthOnline do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use BlackHealthOnline or Content or Services to diagnose or treat a medical condition. Use BlackHealthOnline Prime or Concierge (where appropriate and permitted) or see your doctor in person if you are looking for a personal medial evaluation, diagnosis, or prescription.

We're Not For Use in Emergencies
Never use BlackHealthOnline or Content or Services (including BlackHealthOnline Premium Services) in a potential or actual medical emergency.

Remember...

Always consult your doctor
Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.

Always...

• SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
• NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON BlackHealthOnline.
• CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

BlackHealthOnline Medical Experts

Independence of BlackHealthOnline Medical Experts
BlackHealthOnline Medical Experts and professionals or specialists utilizing or featured on BlackHealthOnline are not employees or independent contractor service providers of BlackHealthOnline. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of BlackHealthOnline. BlackHealthOnline does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on BlackHealthOnline or by a licensee of BlackHealthOnline. (Doctors on BlackHealthOnline Prime are independent contractors of separate professional corporations)

The inclusion of professionals and specialists on BlackHealthOnline or in any professional directory on BlackHealthOnline does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND BlackHealthOnline DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. BlackHealthOnline SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON BlackHealthOnline. The use of BlackHealthOnline by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by BlackHealthOnline Medical Experts on or through BlackHealthOnline are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of BlackHealthOnline, its affiliates or any other organizations or institutions to which such BlackHealthOnline Medical Expert or such specialist or professional is affiliated or provides services.

Children's Privacy

We are committed to protecting the privacy of children. BlackHealthOnline is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of BlackHealthOnline may use BlackHealthOnline for the benefit of children.

Your Account and Your Use of BlackHealthOnline

You are responsible for your account: keep your password and real name private.
Accurate and complete registration information is required to use BlackHealthOnline. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using BlackHealthOnline is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on BlackHealthOnline (such as in questions or other public submissions).

Your use must be legal and you must be an adult to use BlackHealthOnline.
BlackHealthOnline is a Business Associate of health care professionals under the federal health care privacy and security law known as HIPAA. Your personal information will be stored in a secure manner. BlackHealthOnline has implemented various encryption and security technologies and procedures to protect, from unauthorized access, your personal information which is stored in our computer systems. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information. Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Apps using your username and password. We reserve the right to revoke or deactivate your username and password at any time. Your use of BlackHealthOnline and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use BlackHealthOnline and at least 18 years old to register for BlackHealthOnline Premium Services.

We'll send you notices and information.
When you register, you agree that BlackHealthOnline may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, phone, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We have a No-Spam policy, and you can opt out of communications and control your communications preferences through your Account Settings. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our Content and Services (below) and our Privacy Statement.